This chapter deals with non-compliances. A non-compliance is when an activity does not comply with an organic standard.
Standards Guidance
1.6.1 Non-compliances
1. Where you are found not to comply with organic standards Soil Association Certification will issue you with a non-compliance. The level of sanction will be proportionate to the severity and extent of the non-compliance and the risk it poses to the integrity of the
After your inspection we will draw up an Action Summary Form (either at inspection or we will send it to you afterwards). This lists areas that do not comply with the standards and asks how you will correct them.
The different grades of sanctions are as follows:
• minor non-compliance
• major non-compliance
20 organic product. Soil Association Certification will always
apply the precautionary principle when making decisions on compliance to organic standards.
2. Depending on the severity of the non-compliance Soil Association Certification may suspend or even withdraw your licence. If your licence is suspended or withdrawn you must not trade as organic.
(EC) 834 Art 27(2)(6)(12); Art. 30(1) (EC) 889/2008 Art. 92d
• critical non-compliance, or
• manifest infringement.
You are required to complete the Action Summary Form with the actions you will take to comply with the standards, and return it to us with any other information we request before the deadline given. When your Certification Officer has
received your completed form and agreed that the information you have given is satisfactory they will approve the Action Summary Form and renew your licence.
We may suspend or withdraw your licence in the following cases:
• if you are in breach of your contract with us
• if you do not pay your fee within the deadlines
• failure of licensee to return certified sales declaration (CSD)
• we are unable to arrange an inspection
• an inspector is refused access to premises
• an inspector is refused permission to take a sample
• if you do not send the completed Action Summary Form, or the information we request, within the deadlines
• severe or repeated non-compliance resulting in loss of organic integrity of an operation, product or batch
• a fraudulent activity is reported by an authority.
1.6.2 Reporting non-compliances
1. If you consider or suspect that any of your products do not meet organic standards, then you must inform Soil Association Certification immediately and share all relevant information to assist with any further investigation to determine the organic status of the product. You must also either:
a) Withdraw any reference to organic in relation to the product.
b) Separate or identify the product and only allow it to be further processed or sold as organic once any doubt has been eliminated and this has been agreed with us.
(EC) 889/2008 Art. 91(1)
You must inform your Certification Officer if you have any suspicion that a product may not meet organic standards and stop any further sale of the product as organic until any doubt over its organic status can be eliminated. Suspicion can originate from a number of sources including (but not exclusively):
• A positive residue detection showing contamination with a substance not permitted in organic production (any detection, at any level, will initially be regarded as suspicion until an investigation has taken place). You must inform us in all positive residue detection cases.
• A complaint from a reliable source.
• You have not been able to verify the organic status of goods you have received (see section 1.7 for further information).
• Not being able to verify valid certification of a product or supplier. For
21 2. If we have a substantiated suspicion that you intend to
place a product on to the market as organic which does not meet organic standards, we will tell you to withhold the product for a set time period whilst we investigate.
Before we make this decision we will give you
opportunity to comment. You will need to cooperate fully with any investigation to resolve the suspicion.
If the suspicion is confirmed, then you must remove any reference to organic from the product. If the suspicion is not confirmed within the set time period, then you no longer have to withhold the product from sale.
(EC) 889/2008 Art. 91(2)
• Knowing that an element of the production did not meet organic standards, for example a prohibited substance has accidentally been applied to your crop or a non-organic ingredient has been used by mistake.
An investigation will be carried out to determine if the product has met organic production rules. Once this has been determined you will be informed if the product can be put back on the market as organic or not.
Note: If you receive a positive detection, but from the information you have, you believe that the product still meets organic standards, then you do not have to inform us of the detection. You need to have justification as to why you believed it still met organic standards and keep that information on file so that we can check it at inspection if necessary. If you are unsure what action to take, please contact the technical team at sacl.notifications@soilassociation.org.
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1.6.3 Exceptions
You may only deviate from the standards when explicitly permitted in these standards. Permission may be granted or confirmed by your certification body.
(EC) 834/2007 Art. 27(7)(b)
1.6.4 Appeals and complaints
We appreciate there may be occasions when you wish to make a formal complaint to us. This could be regarding service, standards, policy, another licensee or an unlicensed company. We have formal complaints and appeals
procedures which are available on request. You can make a complaint in writing, by email or by telephone.
(EC) 889/2008 Art. 92(c)
If you have a complaint please send details in writing to cert@soilassociation.org or telephone Client Services on 0117 987 4564.
If you wish to appeal a certification decision please send full details to your Certification Officer.